Unite Here Retirement Fund et al v. City Of San Jose
| Unite Here Retirement Fund and Trustees of Unite Here Retirement Fund |
| Dolce International/San Jose, LLC and City of San Jose |
| 5:2020cv06069 |
| August 28, 2020 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Edward J Davila |
| Virginia K DeMarchi |
| Susan van Keulen |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1381 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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Filing 123
Minute Entry for proceedings held before Judge Edward J. Davila: Trial Setting Conference held on 10/12/2023. Status Conference set for 12/14/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Status Report due by 12/1/2023. Total Time in Court: 10 min (11:10-11:20 AM). Court Reporter: Irene Rodriguez. Plaintiff Attorney: William Josem. Defendant Attorney: Thomas Gray, Matthew Goodman, John McGowan, Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Date Filed: 10/12/2023)
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Filing 122
CLERKS NOTICE SETTING HYBRID HEARING. Pursuant to ECF No. #121 , the Court has permitted Counsel and the Parties in this matter to appear remotely by Zoom videoconference at Trial Setting Conference set for 10/12/2023 at 11:00 AM. Counsel and the Parties may appear remotely or in-person, in San Jose, Courtroom 4, 5th Floor.Court Appearances: Advanced notice is required of any counsel or parties who wish to appear remotely and be identified by the court as making an appearance at the hearing. A list of names and emails, and indicating main speaker and party represented, must be sent to the Courtroom Deputy no later than 12:00 PM on October 10, 2023. The Courtroom Deputy will send a link for the zoom conference to counsel who have indicated their desire to appear remotely. Members of the public and the media may attend the proceedings in-person, in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 10/4/2023)
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Filing 121
ORDER Granting #119 Joint Motion for Leave to Appear Remotely at Trial Setting Conference. Signed by Judge Edward J. Davila on 10/4/2023. (crr, COURT STAFF) (Filed on 10/4/2023)
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Filing 120
Pretrial Conference Statement by Dolce International/San Jose, LLC Joint Trial Setting Conference Statement. (Goodman, Matthew) (Filed on 9/29/2023)
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Filing 119
Joint MOTION for Leave to Appear BY ZOOM AT JOINT TRIAL SETTING CONFERENCE filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Josem, William) (Filed on 9/29/2023)
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Filing 118
ORDER Granting #117 Stipulation to Continue Trial Setting Conference and Statement Deadline. Trial Setting Conference set for 9/14/2023 is Continued to 10/12/2023 at 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila.Joint Case Management Statement due by 9/29/2023. Signed by Judge Edward J. Davila on 8/29/2023. (crr, COURT STAFF) (Filed on 8/29/2023)
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Filing 117
STIPULATION WITH PROPOSED ORDER Amending the Trial Setting Conference Deadlines Set Forth in the Clerk's Notice Entered 8/12/2023 filed by City of San Jose. (Gray, Thomas) (Filed on 8/28/2023)
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Filing 116
CLERK'S NOTICE. Trial Setting Conference has been set for 9/14/2023 at 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Trial Setting Conference Statement due by 8/31/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 8/11/2023)
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Filing 115
ORDER Denying #95 Motion for Summary Judgment; Denying #97 Motion for Summary Judgment; Granting in Part and Denying in Part #100 Motion for Summary Judgment. Signed by Judge Edward J. Davila on 8/11/2023. (ejdlc3, COURT STAFF) (Filed on 8/11/2023)
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Filing 114
ORDER Denying #111 Motion to Appear Remotely at Dispositive Motion Hearing. Signed by Judge Edward J. Davila on 3/21/2023. (crr, COURT STAFF) (Filed on 3/21/2023)
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Filing 113
CLERKS NOTICE TAKING MOTIONS UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motions for Summary Judgment (ECF No. #95 , #97 , #100 ) before Judge Edward J. Davila previously noticed for 3/30/2023 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 3/30/2023 hearing is VACATED - NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 3/21/2023)
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Filing 112
OBJECTIONS to re #107 Reply to Opposition/Response, DECLARATION OF YVES HANSEL, DOCKET NO. 107-1 by City of San Jose. (Gray, Thomas) (Filed on 3/15/2023)
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Filing 111
Joint MOTION to Appear by Telephone Joint Administrative Request and Stipulation to Appear by Zoom at Dispositive Motion Hearing filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Josem, William) (Filed on 3/10/2023)
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Filing 110
REPLY (re #95 MOTION for Summary Judgment DEFENDANT CITY OF SAN JOSES NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT ) City of San Jose Reply Brief in Response To Dolce Int'l's Opposition to City of San Jose MSJ filed byCity of San Jose. (Attachments: #1 Declaration of Thomas J. Gray Reply ISO CSJ's MSJ)(Gray, Thomas) (Filed on 3/9/2023) Modified on 3/10/2023 (mcl, COURT STAFF).
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Filing 109
RESPONSE re #104 Statement Dolce's Reply to The City of San Jose's Responsive Separate Statement by Dolce International/San Jose, LLC. (Goodman, Matthew) (Filed on 3/9/2023)
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Filing 108
RESPONSE re #103 Statement Dolce's Responsive Separate Statement To The City Of San Jose's Amended Moving Separate Statement by Dolce International/San Jose, LLC. (Goodman, Matthew) (Filed on 3/9/2023)
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Filing 107
REPLY (re #97 MOTION for Summary Judgment ) Dolce's Reply to The City of San Jose's Opposition Motion #102 filed byDolce International/San Jose, LLC. (Attachments: #1 Declaration of Yves Hansel)(Goodman, Matthew) (Filed on 3/9/2023)
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Filing 106
REPLY (re #100 Cross MOTION for Summary Judgment ) filed byTrustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Attachments: #1 Reply Separate Statement, #2 Declaration, #3 Declaration, #4 Certificate/Proof of Service)(Josem, William) (Filed on 3/9/2023)
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Filing 105
Statement re #100 Cross MOTION for Summary Judgment Unite Here - The City's Responsive Sep. Statement of UMFs to Unite Here's Separate Statement of UMFs by City of San Jose. (Gray, Thomas) (Filed on 2/23/2023)
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Filing 104
Statement re #97 MOTION for Summary Judgment The City's Responsive Sep. Statement of UMFs to Dolce's Separate Statement of UMFs by City of San Jose. (Gray, Thomas) (Filed on 2/23/2023)
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Filing 103
Statement re #97 MOTION for Summary Judgment , #100 Cross MOTION for Summary Judgment Amended Statement of Facts by City of San Jose. (Gray, Thomas) (Filed on 2/23/2023)
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Filing 102
OPPOSITION/RESPONSE (re #97 MOTION for Summary Judgment , #100 Cross MOTION for Summary Judgment ) filed byCity of San Jose. (Attachments: #1 Declaration of Thomas J. Gray ISO Opposition)(Gray, Thomas) (Filed on 2/23/2023) Modified on 2/24/2023 (mcl, COURT STAFF).
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Filing 101
OPPOSITION/RESPONSE (re #100 Cross MOTION for Summary Judgment , #95 MOTION for Summary Judgment DEFENDANT CITY OF SAN JOSES NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT ) filed byDolce International/San Jose, LLC. (Attachments: #1 Declaration of Matthew J. Goodman, #2 Exhibit 1 to Declaration of Matthew J. Goodman, #3 Exhibit 2 to Declaration of Matthew J. Goodman, #4 Exhibit 3 to Declaration of Matthew J. Goodman, #5 Exhibit 4 to Declaration of Matthew J. Goodman, #6 Exhibit 5 to Declaration of Matthew J. Goodman, #7 Exhibit 6 to Declaration of Matthew J. Goodman, #8 Exhibit 7 to Declaration of Matthew J. Goodman, #9 Exhibit 8 to Declaration of Matthew J. Goodman, #10 Exhibit 9 to Declaration of Matthew J. Goodman, #11 Exhibit 10 to Declaration of Matthew J. Goodman, #12 Exhibit 11 to Declaration of Matthew J. Goodman, #13 Exhibit 12 to Declaration of Matthew J. Goodman, #14 Exhibit 13 to Declaration of Matthew J. Goodman, #15 Exhibit 14 to Declaration of Matthew J. Goodman, #16 Dolce's Responsive Separate Statement to the City's Separate Statement of UMFs, #17 Dolce's Responsive Separate Statement to the Fund's Moving Separate Statement, #18 Dolce's Reply to Unite's Separate Statement ISO Motion for Summary Judgment)(Goodman, Matthew) (Filed on 2/23/2023)
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Filing 100
Cross MOTION for Summary Judgment filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. Motion Hearing set for 3/30/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 2/23/2023. Replies due by 3/2/2023. (Attachments: #1 Brief in Support, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Moving Statement, #8 Responsive Statement to City, #9 Responsive Statement to Dolce)(Josem, William) (Filed on 2/9/2023)
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Filing 99
ORDER Granting #98 Stipulation Amending the Parties' Joint Statement of Undisputed Facts. Signed by Judge Edward J. Davila on 1/31/2023. (ejdlc3, COURT STAFF) (Filed on 1/31/2023)
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Filing 98
STIPULATION WITH PROPOSED ORDER re #90 Statement STIPULATION AND [PROPOSED] ORDER AMENDING THE PARTIES JOINT STATEMENT OF UNDISPUTED FACTS FILED ON DECEMBER 22, 2022 filed by City of San Jose. (Gray, Thomas) (Filed on 1/27/2023)
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#Electronic filing error. Filer did not set a hearing date for ECF 95. The wrong event is used for ECF 96 as it is a memorandum. In future filings, filer should attach the supporting documents to the Motion instead of filing the memorandum under the Motion category to set the hearing date. Entries Corrected by Clerk. Re: #95 MOTION for Summary Judgment DEFENDANT CITY OF SAN JOSES NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT filed by City of San Jose, #96 MOTION for Summary Judgment filed by City of San Jose. (mcl, COURT STAFF) (Filed on 1/20/2023) Modified on 1/20/2023 (crr, COURT STAFF).
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Set Hearing as to #95 MOTION for Summary Judgment DEFENDANT CITY OF SAN JOSES NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT. Motion Hearing set for 3/30/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (crr, COURT STAFF) (Filed on 1/20/2023)
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Filing 97
MOTION for Summary Judgment filed by Dolce International/San Jose, LLC. Motion Hearing set for 3/30/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 2/9/2023. Replies due by 3/9/2023. (Attachments: #1 Memorandum of Points and Authorities, #2 Moving Separate Statement of Undisputed Facts, #3 Declaration of Matthew J. Goodman, #4 Declaration of Yves Hansel, #5 Compendium of Exhibits, #6 Request for Judicial Notice)(Goodman, Matthew) (Filed on 1/19/2023)
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Filing 96
***ERRONEOUS ENTRY - See ECF No. #95 Motion for Summary Judgment filed by City of San Jose. Motion Hearing set for 3/30/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 2/2/2023. Replies due by 2/9/2023. (Attachments: #1 Supplement Statement of Undisputed Material Facts, #2 Declaration Dec of Thomas J. Gray)(Gray, Thomas) (Filed on 1/19/2023) Modified on 1/20/2023 (crr, COURT STAFF).
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Filing 95
MOTION for Summary Judgment DEFENDANT CITY OF SAN JOSES NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT filed by City of San Jose. Responses due by 2/2/2023. Replies due by 2/9/2023. (Gray, Thomas) (Filed on 1/19/2023) (Additional attachment(s) added on 1/20/2023: #1 Memorandum in Support of Motion, #2 Statement of Undisputed Material Facts, #3 Declaration of Thomas Gray) (crr, COURT STAFF).
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Filing 94
* ERRONEOUS ENTRY. SEE #97 * MOTION for Summary Judgment filed by City of San Jose. Motion Hearing set for 3/30/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 2/9/2023. Replies due by 3/9/2023. (Attachments: #1 Memorandum of Points and Authorities, #2 Moving Separate Statement of Undisputed Facts, #3 Declaration of Matthew J. Goodman, #4 Declaration of Yves Hansel, #5 Compendium of Exhibits, #6 Request for Judicial Notice)(Goodman, Matthew) (Filed on 1/19/2023) Modified on 1/20/2023 (mcl, COURT STAFF).
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Filing 93
Appendix Joint Appendix filed byTrustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Josem, William) (Filed on 1/19/2023)
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Filing 92
ORDER GRANTING #91 Joint Stipulation Regarding Authenticity of Documents. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 1/17/2023)
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Filing 91
STIPULATION WITH PROPOSED ORDER / Joint Stipulation and [Proposed] Order Regarding Authenticity of Documents filed by Dolce International/San Jose, LLC. (Goodman, Matthew) (Filed on 1/13/2023)
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Filing 90
Statement /Joint Statement of Undisputed Facts by Dolce International/San Jose, LLC. (McGowan, John) (Filed on 12/22/2022)
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Filing 89
ORDER Granting #88 Stipulation to Extend Deadline to File Joint Statement of Undisputed Facts. Signed by Judge Edward J. Davila on 12/16/2022. (crr, COURT STAFF) (Filed on 12/16/2022)
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Filing 88
STIPULATION WITH [PROPOSED] Order amending the scheduling order entered October 17, 2022 filed by City of San Jose. (Gray, Thomas) (Filed on 12/15/2022) Modified on 12/16/2022 (kmg, COURT STAFF).
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Filing 87
Order Approving #85 Stipulation. Signed by Judge Edward J. Davila on 10/17/2022. (ejdlc3, COURT STAFF) (Filed on 10/17/2022)
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Filing 86
NOTICE by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund of Withdrawal of Appearance (Ehrenberg, Cassie) (Filed on 10/17/2022)
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Filing 85
STIPULATION WITH PROPOSED ORDER for purposes of Scheduling Motion for Summary Judgment filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Josem, William) (Filed on 10/17/2022)
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Set/Reset Hearing/Deadlines: Defendants' Cross-Motions for Summary Judgment due by 1/19/2023. Plaintiffs' cross-Motion for Summary Judgment due 2/9/2023. Dispositive Motion Hearing set for 3/30/2023 at 9:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Close of Fact Discovery due by 10/31/2022. (crr, COURT STAFF) (Filed on 10/17/2022)
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Filing 84
Minute Entry for proceedings held before Judge Edward J. Davila: Pretrial Conference held on 9/29/2022.Parties to meet and confer and present the Court with a briefing schedule for Summary Judgment Motions with a hearing date in March 2023; such briefing schedule will include a date on which the Parties will file a Joint Statement of Undisputed Facts. Opening Motion(s) and combined Opposition/Cross-Motion(s) limited to 35 pages; combined Reply/Opposition to Cross-Motion(s) limited to 20 pages; Reply re Cross-Motion limited to 15 pages.Plaintiff Attorney: William Josem, Cassie Ehrenberg. Defendant Attorney: Thomas Gray, Sr. (for City of San Jose), John McGowan, Jr., Matthew Goodman (for Dolce Int'l and San Jose LLC). Total Time in Court: 20 min (11:10-11:30 AM). Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Date Filed: 9/29/2022)
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Filing 83
*** DUPLICATE ENTRY *** NOTICE of Substitution of Counsel by Thomas J. Gray City of San Jose's Notice of Substitution of Counsel (Gray, Thomas) (Filed on 9/21/2022) Modified on 9/21/2022 (mcl, COURT STAFF).
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#Electronic filing error. Attorney Thomas J. Gray needs to update the profile as the docket shows that he is with the law firm of Goodwin Procter LLP. Attorney is reminded to update the ECF account if there's any change of firm name or address. Re: #82 Notice of Substitution of Counsel filed by City of San Jose. (mcl, COURT STAFF) (Filed on 9/21/2022)
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Filing 82
NOTICE of Substitution of Counsel by Thomas J. Gray City of San Jose's Notice of Substitution of Counsel (Gray, Thomas) (Filed on 9/20/2022)
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Filing 81
CLERKS NOTICE CONVERTING HEARING TO ZOOM HEARING. Trial Setting Conference set for 9/29/2022 at 11:00 AM will be held via Videoconference Only before Judge Edward J. Davila. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ejd Court Appearances: Advanced notice is require d of counsel or parties who wish to be identified by the court as making an appearance or will be participating at the hearing. A list of names and emails, and indicating lead speaker and party represented, must be sent to the Courtroom Deputy at EJDcrd@cand.uscourts.gov no later than Monday, September 26, 2022, by 2:00 PM PDT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zo om/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 9/20/2022)
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Filing 80
Pretrial Conference Statement by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund (Joint Trial Setting Conference Statement). (Ehrenberg, Cassie) (Filed on 9/19/2022)
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Filing 79
ADMINISTRATIVE MOTION To hold Hearing September 29, 2022 by Zoom or other means filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. Responses due by 9/20/2022. (Attachments: #1 Exhibit, #2 Exhibit)(Ehrenberg, Cassie) (Filed on 9/16/2022)
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Filing 78
NOTICE by Dolce International/San Jose, LLC NOTICE OF WITHDRAWAL OF SAIMA Z. SHEIKH (Shadi, Sabrina Layne) (Filed on 4/15/2022)
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Filing 77
ORDER Approving Joint Trial Setting Conference Statement *AS MODIFIED*. The parties shall abide by the schedule therein. The April 14, 2022 conference is vacated. Signed by Judge Edward J. Davila on 4/5/2022. (ejdlc3, COURT STAFF) (Filed on 4/5/2022)
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Filing 76
Pretrial Conference Statement by City of San Jose Joint Trial Setting Conference Statement. (Chow, Yue-Han) (Filed on 4/4/2022)
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Filing 75
NOTICE OF WITHDRAWAL OF COUNSEL by John Frederick Libby (Libby, John) (Filed on 11/18/2021) Modified on 11/18/2021 (msr, COURT STAFF).
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Filing 74
UPDATED CASE MANAGEMENT ORDER: The Trial Setting Conference scheduled for 10/21/2021 is VACATED. Joint Trial Setting Conference Statement due by 4/4/2022. Trial Setting Conference set for 4/14/2022 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Close of Fact Discovery due by 5/12/2022. Dispositive Motion due by 7/21/2022. Dispositive Motion Hearing set for 9/8/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Signed by Judge Edward J. Davila on 10/15/2021. (amkS, COURT STAFF) (Filed on 10/15/2021)
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Filing 73
STIPULATED PROTECTIVE ORDER Signed by Judge Nathanael M. Cousins on 10/4/2021. (lmh, COURT STAFF) (Filed on 10/4/2021)
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Filing 72
Joint Trial Setting Conference Statement by City of San Jose. (Chow, Yue-Han) (Filed on 10/1/2021) Modified on 10/4/2021 (gbaS, COURT STAFF).
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Remark: Referral judge changed pursuant to Order relating case to 20cv3774-EJD (ECF 45) (sp, COURT STAFF) (Filed on 9/30/2021)
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Filing 71
STIPULATION WITH PROPOSED ORDER / [Proposed] Stipulated Protective Order filed by Dolce International/San Jose, LLC. (Goodman, Matthew) (Filed on 9/29/2021)
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Filing 70
ORDER Approving Joint Trial Setting Conference Statement *As Modified*. Signed by Judge Edward J. Davila on 5/26/2021. (ejdlc3S, COURT STAFF) (Filed on 5/26/2021)
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Filing 69
Pretrial Conference Statement by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund , Defendants Dolce International/San Jose LLC and City of San Jose. (Ehrenberg, Cassie) (Filed on 5/26/2021)
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***Set Deadlines/Hearings per ECF #70 Order: Close of Fact Discovery due by 11/12/2021. Joint Trial Setting Conference Statement due by 10/1/2021. Trial Setting Conference set for 10/21/2021 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Dispositive Motion due by 1/21/2022. Dispositive Motion Hearing set for 3/3/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (amkS, COURT STAFF) (Filed on 5/26/2021)
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Filing 68
Order Granting #60 Plaintiff's Motion to Stay. Signed by Judge Edward J. Davila on 4/6/2021. (ejdlc3S, COURT STAFF) (Filed on 4/6/2021)
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Filing 67
ANSWER to Amended Complaint byDolce International/San Jose, LLC. (McGowan, John) (Filed on 2/11/2021)
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Filing 66
CASE MANAGEMENT SCHEDULING ORDER: The Case Management Conference scheduled for 2/18/2021 is VACATED - NO APPEARANCE NECESSARY and the parties are ordered to comply with the schedule set forth in the order. Joint Trial Setting Conference Statement due by 5/28/2021. Trial Setting Conference set for 6/10/2021 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Dispositive motion due 9/2/2021. Dispositive Motion Hearing set for 10/14/2021 09:00 AM before Judge Edward J. Davila. Signed by Judge Edward J. Davila on 2/10/2021. (amkS, COURT STAFF) (Filed on 2/10/2021)
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Filing 65
JOINT CASE MANAGEMENT STATEMENT filed by City of San Jose. (Chow, Yue-Han) (Filed on 2/8/2021)
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Filing 64
Order Denying #46 Motion to Dismiss. Signed by Judge Edward J. Davila on 1/28/2021. (ejdlc3S, COURT STAFF) (Filed on 1/28/2021)
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Filing 63
Minute Entry for proceedings held before Judge Edward J. Davila: Motion Hearing re #46 Motion to Dismiss held on 1/21/2021 via Zoom Webinar remotely. The Court heard oral argument and took the matter under submission. Court to issue the Order. Plaintiff Attorney: William Josem. Defendant Attorney: John McGowan, Jr., Sabrina Shadi, Yue-Han Chow. Total Time in Court:9:08-9:35am(27 Mins.) Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Date Filed: 1/21/2021)
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Filing 62
OPPOSITION/RESPONSE (re #60 MOTION to Stay Processing of the Demand for Arbitration by Defendant Dolce International/San Jose LLC at the American Arbitration Association (With Request for Expedited Decision) ) filed byDolce International/San Jose, LLC. (McGowan, John) (Filed on 1/20/2021)
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Filing 61
CLERKS NOTICE CONVERTING HEARING TO ZOOM HEARING. Motion to Dismiss #46 Hearing is set for 1/21/2021 09:00 AM in San Jose, - Videoconference Only before Judge Edward J. Davila. This proceeding will be held via a Zoom webinar remotely.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ejd Court Appearances: Advanced noti ce is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at EJDcrd@cand.uscourts.gov no later than 1/20/2021 at 12:00 PM PST.***PLEASE NOTE: THE COURT DISCOURAGES THE USE OF A MOBILE PHONE DEVICE AND AIR PODS DUE TO UNSTABLENESS OF CONNECTIVITY AND INAUDIBLE ISSUES FOR THE RECORD***General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to #46 MOTION to Dismiss ; Memorandum of Points and Authorities. Motion Hearing set for 1/ 21/2021 09:00 AM in San Jose, - Videoconference Only before Judge Edward J. Davila. (Related documents(s) #46 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 1/13/2021)
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Filing 60
MOTION to Stay Processing of the Demand for Arbitration by Defendant Dolce International/San Jose LLC at the American Arbitration Association (With Request for Expedited Decision) filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. Motion Hearing set for 4/15/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 1/21/2021. Replies due by 1/28/2021. (Attachments: #1 Brief, #2 Affidavit, #3 Proposed Order)(Ehrenberg, Cassie) (Filed on 1/7/2021)
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Filing 59
CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Motion #46 to Dismiss Hearing set for 1/14/2021 is HEREBY CONTINUED to 1/21/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 12/31/2020)
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Filing 58
CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Initial Case Management Conference set for 12/10/2020 is HEREBY CONTINUED to 2/18/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 2/8/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 12/1/2020)
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Filing 57
JOINT CASE MANAGEMENT STATEMENT filed by City of San Jose. (Chow, Yue-Han) (Filed on 11/30/2020)
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Filing 56
Certificate of Interested Entities by Dolce International/San Jose, LLC identifying Corporate Parent Wyndham Hotel Group, LLC, Corporate Parent Dolce International Holdings, Inc., Other Affiliate Wyndham Hotels & Resorts, Inc. for Dolce International/San Jose, LLC, Dolce International/San Jose, LLC. (Shadi, Sabrina Layne) (Filed on 11/16/2020)
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Filing 55
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Chow, Yue-Han) (Filed on 11/10/2020)
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Filing 54
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (McGowan, John) (Filed on 11/10/2020)
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Filing 53
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Josem, William) (Filed on 11/10/2020)
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Filing 52
OPPOSITION/RESPONSE (re #46 MOTION to Dismiss ; Memorandum of Points and Authorities ) Surreply to Dolce International/San Jose LLC's Motion to Dismiss filed byTrustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Josem, William) (Filed on 11/3/2020)
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Filing 51
Order granting #50 Motion for Leave to File Surreply to Dolce International/San Jose, LLC's Motion to Dismiss. Signed by Judge Edward J. Davila on 11/2/2020. (ejdlc1, COURT STAFF) (Filed on 11/2/2020)
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Filing 50
MOTION for Leave to File Surreply to Dolce International/San Jose LLC's Motion to Dismiss filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Josem, William) (Filed on 11/2/2020)
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Filing 49
REPLY (re #46 MOTION to Dismiss ; Memorandum of Points and Authorities ) Reply to Plaintiff's Response to Dolce International's Motion to Dismiss filed byDolce International/San Jose, LLC. (McGowan, John) (Filed on 10/26/2020)
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Filing 48
First Amended ANSWER to Amended Complaint byCity of San Jose. (Chow, Yue-Han) (Filed on 10/20/2020)
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Filing 47
OPPOSITION/RESPONSE (re #46 MOTION to Dismiss ; Memorandum of Points and Authorities ) filed byTrustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Josem, William) (Filed on 10/19/2020)
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Filing 46
MOTION to Dismiss ; Memorandum of Points and Authorities filed by Dolce International/San Jose, LLC. Motion Hearing set for 1/14/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 10/19/2020. Replies due by 10/26/2020. (Attachments: #1 Declaration of John McGowan in Support)(McGowan, John) (Filed on 10/5/2020)
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Filing 45
ORDER RELATING CASE. Signed by Judge Edward J. Davila on 9/21/2020. (ejdlc1, COURT STAFF) (Filed on 9/21/2020)
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Filing 44
ORDER Granting #43 Application for Admission of Attorney Pro Hac Vice for John McGowan, Counsel for Dolce International/San Jose, LLC. Signed by Judge Edward J. Davila on 9/16/2020. (amkS, COURT STAFF) (Filed on 9/16/2020)
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Filing 43
MOTION for leave to appear in Pro Hac Vice - John McGowan ( Filing fee $ 310, receipt number 0971-14943332.) filed by Dolce International/San Jose, LLC. (Attachments: #1 Certificate of Good Standing)(Shadi, Sabrina Layne) (Filed on 9/15/2020)
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Filing 42
ORDER Granting #39 Application for Admission of Attorney for Pro Hac Vice for William T. Josem, Counsel for Plaintiffs. Signed by Judge Edward J. Davila on 9/14/2020. (amkS, COURT STAFF) (Filed on 9/15/2020)
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Filing 41
ORDER Granting #38 Application for Admission of Attorney Pro Hac Vice for Cassie R. Ehrenberg, Counsel for Plaintiffs. Signed by Judge Edward J. Davila on 9/15/2020. (amkS, COURT STAFF) (Filed on 9/15/2020)
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Filing 40
(Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. JointCase Management Statement due by 11/30/2020. Initial Case Management Conference set for 12/10/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 9/15/2020)
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Filing 39
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14940602.) filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Attachments: #1 Certificate of Good Standing)(Josem, William) (Filed on 9/15/2020)
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Filing 38
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14940549.) filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Attachments: #1 Certificate of Good Standing)(Ehrenberg, Cassie) (Filed on 9/15/2020)
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Filing 37
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 9/14/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 9/14/2020)
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Filing 36
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (pmcS, COURT STAFF) (Filed on 9/14/2020)
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Filing 35
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund.. (Weber, Kimberley) (Filed on 9/14/2020)
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Filing 34
STIPULATION To Extend Dolce International/San Jose, LLC's Time to Respond to City of San Jose's Cross-Complaint Pursuant to Civil Local Rule 6-1 - filed by Dolce International/San Jose, LLC. (Shadi, Sabrina Layne) (Filed on 9/8/2020)
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Filing 33
NOTICE of Appearance by John Frederick Libby (Libby, John) (Filed on 9/8/2020)
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Filing 32
NOTICE of Appearance by Yue-Han Chow on behalf of City of San Jose (Chow, Yue-Han) (Filed on 9/8/2020)
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Filing 31
NOTICE of Appearance by Kimberley Clare Weber (Weber, Kimberley) (Filed on 9/1/2020)
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Filing 30
CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 9/15/2020. (pmcS, COURT STAFF) (Filed on 9/1/2020)
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Filing 29
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/24/2020. Initial Case Management Conference set for 12/1/2020 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 8/28/2020)
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Filing 27
ORDER: IT IS HEREBY ORDERED THAT, pursuant to 28 U.S.C. 1404(a), this case is immediately TRANSFERRED to the United States District Court for the Northern District of California. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/28/2020) (ama)
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - of Northern District of California.(ama)
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Filing 26
ORDER: IT IS HEREBY ORDERED that the hearing will take place via teleconference. The parties must appear for the hearing by dialing 888-363-4749, using the access code 3121171 and the security code 3319. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/26/2020) (ks)
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Filing 25
JOINT PRE-CONFERENCE STATEMENT before Conference scheduled on August 28, 2020. Document filed by City Of San Jose, Dolce International/San Jose, LLC, Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund..(Ehrenberg, Cassie)
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for John J. McGowan, Jr. to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 8/18/2020) (rro)
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Filing 23
ANSWER to #18 Amended Complaint,., CROSSCLAIM against Dolce International/San Jose, LLC. Document filed by City Of San Jose..(Blum, Ronald)
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Filing 22
MOTION for John J. McGowan, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21202291. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dolce International/San Jose, LLC. (Attachments: #1 Affidavit of John J. McGowan, Jr. in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing from the Supreme Court of Ohio, #3 Text of Proposed Order).(McGowan, John)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for John J. McGowan, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21202291. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 21
NOTICE OF APPEARANCE by Saima Zuberi Sheikh on behalf of Dolce International/San Jose, LLC..(Sheikh, Saima)
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Filing 20
WAIVER OF SERVICE RETURNED EXECUTED. Dolce International/San Jose, LLC waiver sent on 8/7/2020, answer due 10/6/2020. Document filed by Unite Here Retirement Fund; Trustees of Unite Here Retirement Fund..(Josem, William)
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Filing 19
EXHIBIT TO PLEADING re: #18 Amended Complaint,. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund..(Josem, William) Modified on 8/5/2020 (pne). Modified on 8/5/2020 (jgo).
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Filing 18
FIRST AMENDED COMPLAINT amending #1 Complaint against City Of San Jose, Dolce International/San Jose, LLC.Document filed by Unite Here Retirement Fund, Trustees of Unite Here Retirement Fund. Related document: #1 Complaint. (Attachments: #1 Exhibit, #2 Exhibit).(Josem, William)
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Filing 17
ORDER: granting #16 Motion to Amend/Correct #1 Complaint. ORDERED that the Motion for Leave to File Amended Complaint and To Join Additional Party is GRANTED. IT IS FURTHER ORDERED that Plaintiffs shall file the First Amended Complaint within three (3) days of the entry of this Order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/04/2020) (ama)
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Filing 16
FILING ERROR - DEFICIENT DOCKET ENTRY - (SUPPORTING DOCUMENTS TO BE FILED SEPARATELY) - MOTION to Amend/Correct Complaint and Add Additional Defendant. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit, #4 Memorandum of Law, #5 Text of Proposed Order).(Josem, William) Modified on 8/14/2020 (lb).
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Filing 15
MEMO ENDORSEMENT on re: #14 Proposed Case Management Plan filed by Unite Here Retirement Fund. ENDORSEMENT: Application GRANTED. The IPTC scheduled for July 24, 2020 is adjourned to August 28, 2020 at 10:00 a.m. The parties' joint letter is due by August 20, 2020. (Initial Conference set for 8/28/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/16/2020) (jwh)
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Filing 14
PROPOSED CASE MANAGEMENT PLAN. Document filed by Unite Here Retirement Fund. (Attachments: #1 Text of Proposed Order proposed case management plan).(Ehrenberg, Cassie)
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Filing 13
NOTICE OF APPEARANCE by Andrew Claude Case on behalf of City Of San Jose..(Case, Andrew)
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Filing 12
ANSWER to #1 Complaint. Document filed by City Of San Jose..(Blum, Ronald)
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Filing 11
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties in the above-captioned action that the Defendant City of San Jose shall answer or otherwise respond to the Complaint on or before July 15, 2020. IT IS SO ORDERED., City Of San Jose answer due 7/15/2020. (Signed by Judge Valerie E. Caproni on 6/25/2020) (ama)
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Filing 10
LETTER addressed to Judge Valerie E. Caproni from Cassie Ehrenberg dated June 25, 2020 re: Stipulation to Extend Time to Answer or Otherwise Respond. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund..(Ehrenberg, Cassie)
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Filing 9
SUMMONS RETURNED EXECUTED Summons and Complaint served. City Of San Jose served on 6/9/2020, answer due 6/30/2020. Service was accepted by Reggie Robert, Mail Room Manager. Document filed by Unite Here Retirement Fund; Trustees of Unite Here Retirement Fund..(Josem, William)
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time. Application GRANTED. The initial pretrial conference is adjourned to July 24, 2020 at 10:00 a.m. The parties' joint letter is due by July 16, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/02/2020) (ama)
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Filing 7
LETTER MOTION for Extension of Time Joint Request to postpone upcoming initial conference scheduled for 6/12/2020 and related filings due 6/4/2020 addressed to Judge Valerie E. Caproni from Cassie Ehrenberg dated June 2, 2020. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund. Return Date set for 6/3/2020 at 12:00 PM..(Ehrenberg, Cassie)
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Set/Reset Deadlines:, Set/Reset Hearings:( Initial Conference set for 7/24/2020 at 10:00 AM before Judge Valerie E. Caproni.) (ama)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on June 12, 2020 at 11:30 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 3319. Counsel should submit their proposed case management plan and joint letter as outlined below, and as further set forth in this Order. So ordered. (Initial Conference set for 6/12/2020 at 11:30 AM before Judge Valerie E. Caproni). (Signed by Judge Valerie E. Caproni on 4/29/2020) (rjm)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to City Of San Jose..(pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Thomas. Josem. The party information for the following party/parties has been modified: Unite Here Retirement Fund, Trustees of Unite Here Retirement Fund, City Of San Jose. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc)
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Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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Case Designated ECF. (pc)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to City of San Jose, re: #1 Complaint. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund..(Josem, William)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trustees of Unite Here Retirement Fund, Unite Here Retirement Fund..(Josem, William)
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Filing 2
CIVIL COVER SHEET filed..(Josem, William)
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Filing 1
COMPLAINT against City Of San Jose. (Filing Fee $ 400.00, Receipt Number ANYSDC-19616940)Document filed by Unite Here Retirement Fund, Trustees of Unite Here Retirement Fund. (Attachments: #1 Exhibit, #2 Exhibit).(Josem, William)
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